Redundancy

[McNibs]

My husband is being made redundant early next year
He was TUPE'd 18 years ago from a civil service contract which offered an enhanced package for voluntary redundancy, as opposed to the compulsory redundancy package. Newer employees are on a different contract without the enhanced package. The current employer is saying they are unable to offer enhanced packages for voluntary over compulsory, and that the amount paid will be the same regardless of if employees volunteer or are made compulsory redundant.

Can anyone advise if they can disregard the terms of his original contract in this way please? His is in the union and is waiting for their advice on the matter.
Thanks in advance.

No, same job all that time. No new contracts. No promotions, no changes.

In which case, unless there is a clause in his new contract which stated an end date to TUPE terms and a set of new terms after the end date, and he signed that contract with such a clause and new terms in it, thereby agreeing to the change, they have to honour his original contract and give the enhanced package even if redundancy is compulsory.

One thing I should clarify, that clause is specific to the situation of being turned down for voluntary. But that doesn’t impact this circumstance of him I assume volunteering for redundancy because it’s being offered by his employer. The situation would likely be different if there was no voluntary redundancy on offer, depending on what his contract says. So as long as they are offering voluntary, then he should, based on what you’ve shared here, be eligible for enhanced either way.

This is nonsense. Unless they actually changed his terms (which would be difficult given tupe) he will still be on his original contract.

Was there any offer of voluntary redundancy this time though ? I doubt his compulsory redundancy would be considered part of a “linked scheme” to his redundancy offer 18 years ago. Does he have any other contractual redundancy rights?